Section 5 - Definitions
ARTICLE 5. DEFINITIONS
In this bylaw the following terms shall have the following meanings, unless a contrary meaning is required by the context or is specifically prescribed.
Abandoned Sign – Any sign or sign structure which has not been used for the display of
sign copy for more than thirty (30) days, or that no longer identifies or advertises a location,
product, or activity conducted on the premises upon which the sign is located. (Bylaws 6-8-2004 A.T.M., Art. 46)
Accessory Building or Use - A building or use customarily incidental to and located on the same lot with the principal building or use, except that if more than thirty (30) percent of the floor area or fifty percent (50%) of the lot area is occupied by such use, it shall no longer be considered accessory.
Advertising Vehicle – Any registered or unregistered vehicle or trailer having attached therto or located theron any sign or advertising device which advertises a product, business, or service, or directs people to a business or activity located on any premises. This definition does not include the identification of a firm or its products on a vehicle operated during the normal course of business. Franchised buses and taxis are specifically excluded from this definition. (Bylaws 6-8-2004 A.T.M. Art. 46)
Animated Sign – A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from chageable signs as defined and regulated by this code, include the following types:
1) Environmentally Activated: Animated signs or devices motivated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennants and pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.
2) Mechanically Activated: Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
3) Electrically Activated: Animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
a) Flashing: Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination.
b) Patterned Illusionary Movement: Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion. (Bylaws 6-8-2004 A.T.M. Art. 46)
Aquifer - Geological formation composed of sand and gravel that contains significant amounts of potentially producible potable water. (Bylaws of 4-5-86, Art. 5l, Sec. 23)
Architectural Embossing - a decorated or marked surface with a slightly raised or carved design or lettering. (Bylaws 6-8-2004 A.T.M. Art. 46)
Architectural Projection - Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building but that does not include signs as defined herein. See also: Awning; Back-lit Awning; and Canopy, Attached and Freestanding. (Bylaws 6-8-2004 A.T.M. Art. 46)
Assisted Living Facility (ALF)- In accordance with 651 CMR 12.02 any entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria:
1. provides room and board; and
2. provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, assistance with activities of daily living for three or more adult residents who are not related by consanguinity or affinity to their care provider; and
3. collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance with the activities of daily living or arranges for the same. (Bylaws 5-1-07, Art. 48)
Awning - An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures which are internally illuminated by fluorescent or other light sources. (Bylaws 6-8-2004 A.T.M. Art. 46)
Awning Sign - A sign displayed on or attached flat against the surface or surfaces of an awning. See also: Wall or Fascia Sign. (Bylaws 6-8-2004 A.T.M. Art. 46)
Back-lit Awning - An awning with a translucent covering material and a source of illumination contained behind or within its framework. (Bylaws 6-8-2004 A.T.M. Art. 46)
Banner - A flexible substrate on which copy or graphics may be displayed. (Bylaws 6-8-2004 A.T.M. Art. 46)
Banner Sign - A sign utilizing a banner as its display surface. (Bylaws 6-8-2004 A.T.M. Art. 46)
Bedroom - Any inhabitable room in a dwelling, other than a living room, dining room, kitchen, utility room, or bath if such room exceeds sixty (60) square feet.
Billboard - A very large board erected by the roadside or attached to a building, used for displaying advertisements. Also, a sign to which Section 30, Chapter 93 G.L. applies. (Bylaws 6-8-2004 A.T.M. Art. 46)
Boarding Lodging or Tourist Home - A building with up to five (5) rooms used for lodging, with or without meals, for compensation.
Building Elevation - The entire side of a building, from ground level to roofline, as viewed perpendicular to the walls on that side of the building. (Bylaws 6-8-2004 A.T.M. Art. 46)
Building Height - The vertical distances from the mean finished grade of the ground adjoining the building to the highest point of the roof (or parapet) for flat or shed roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Not included are spires, cupolas, TV antennae, or other parts of structures which do not enclose potentially habitable floor space.
Bulk Storage - To exclude junk yards.
Canopy (Attached) - A multi-sided overhead structure or architectural projection supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. (Bylaws 6-8-2004 A.T.M. Art. 46)
Canopy (Freestanding) - A multi-sided overhead structure supported by columns, but not enclosed by walls. The surface(s) and or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light. (Bylaws 6-8-2004 A.T.M.Art. 46)
Canopy Sign - A sign affixed to the visible surface(s) of an attached or freestanding canopy. (Bylaws 6-8-2004 A.T.M.Art. 46)
Changeable Sign - A sign with the capability of content change by means of manual or remote input, including signs which are:
1) Manually Activated - Changeable sign whose message copy or content can be changed manually
2) Electrically Activated - Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also: Electronic Message Sign or Center (Addendum 6-8-2004 A.T.M.)
Combination Sign - A sign which is supported partly by a pole and partly by a building structure. (Bylaws 6-8-2004 A.T.M.Art 46)
Community Event – An occurrence open to the general public, and organized by (or in cooperation with) a public agency or civic organization located within the Town of placeCityMillbury. (Bylaws 6-8-2004 A.T.M. Art. 46)
Condominium – A method of ownership whereby individual(s) or entity(ies) own one or more dwelling units in a multi-family structure or project. Said owner(s) of such dwelling unit may have an undivided interest in the common areas and facilities that serve the unit or project, such as land, roofs, floors, main walls, stairways, lobbies, halls, parking areas, driveways, recreation areas, open space areas and natural landscaped and/or conservation areas. Said owner may take title to his individual dwelling unit or units, vote on a proportional basis in all aspects of his undivided interest in common areas, be taxed separately by the Town for the individual dwelling unit and may have a mortgage on the individual dwelling unit.(Bylaws of 5-2-2006, Art. 51)
Copy - Those letters, numerals, figures, symbols, logos, and graphic elements comprising the content or message of a sign, excluding numerals identifying street address only. (Bylaws 6-8-2004 A.T.M. Art. 46)
Development Complex Sign - A freestanding sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park which is controlled by a single-owner or landlord, approved in accordance with section 34.8 of this chapter. (Bylaws 6-8-2004 A.T.M. Art. 46)
Directional Sign - Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic. (Bylaws 6-8-2004 A.T.M. Art. 46)
Double-faced Sign - A sign with two faces, back to back. (Bylaws 6-8-2004 A.T.M. Art. 46)
Dwelling - A building or part of a building used exclusively as the living quarters for one or more families.
Dwelling, Accessory – A self-contained dwelling unit, complete with its own sleeping, cooking, and sanitary facilities, that is subordinate in size to the principal dwelling unit, located substantially within the structure of a detached single-family dwelling or a building accessory thereto and functions as a separate unit. (Bylaws of 5-2-2006, Art. 51)
Dwelling, multifamily or apartment - Premises containing two or more dwelling units, irrespective of ownership or tenure. (Bylaws of 5-1-90, Article 69)
Dwelling, Single Family - Premises accommodating a single dwelling unit.
Dwelling Unit - A building or portion of a building providing living quarters for a single family.
Electric Sign - Any sign activated or illuminated by means of electrical energy. (Bylaws 6-8-2004 A.T.M. Art. 46)
Electronic Message Sign or Center - An electrically activated Changeable Sign whose variable message capability can be electronically programmed. (Bylaws 6-8-2004 A.T.M. Art. 46)
Embossed Sign – A sign with a slightly raised or carved surface. (Bylaws 6-8-2004 A.T.M. Art. 46)
Exterior Sign - Any sign placed outside a building. (Bylaws 6-8-2004 A.T.M. Art. 46)
Family - Any number of individuals related by blood or marriage, or not more than eight persons not so related living and cooking together in a single housekeeping unit.
Fascia Sign - See Wall Sign. (Bylaws 6-8-2004 A.T.M. Art. 46)
Flag – Any piece of cloth or other flexible material, attached to a staff, pole, or other structure, with distinctive colors, patterns, or symbolic devices, used as a symbol for a government, corporation, or other organization, public or private. (Bylaws 6-8-2004 A.T.M. Art. 46)
Flashing Sign - See Animated Sign, Electrically Activated. (Bylaws 6-8-2004 A.T.M. Art. 46)
Floor Area, Gross - The sum of the gross horizontal area of the several floors of a building and its accessory building on the same lot, including the area of basements, not more than fifty (50) percent below grade, roofed porches and roofed terraces, but excluding areas with less than six (6) feet floor to ceiling height. All dimensions shall be measured between exterior faces of walls.
Freestanding Sign - A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles, or braces placed in or upon the ground. For visual reference, see Section 3. (Bylaws 6-8-2004 A.T.M. Art. 46)
Frontage (Building) - The length of an exterior building wall or structure of a single premise oriented to the public way or other point of property access. (Bylaws 6-8-2004 A.T.M. Art. 46)
Frontage (Property) - The length of the property line(s) of any single premise along a public way or other point of property access. (Bylaws 6-8-2004 A.T.M. Art. 46)
Golf Course, Par Three - Course, including customary accessory buildings, where tee to hole distance averages less than eighty (80) yards and not more than two hundred fifty (250) yards.
Golf Course, Standard - Course, including customary accessory buildings, where tee to hole distance averages not less than two hundred fifty (250) yards.
Ground Sign - See Freestanding Sign. (Bylaws 6-8-2004 A.T.M. Art. 46)
Groundwater - All water found beneath the surface of the ground. In this bylaw, the term refers to the slowly moving subsurface water present in aquifers and recharge areas. (Bylaws of 4-5-86, Art. 5l, Sec. 23)
Historical Marker – A small sign attached to a building identifying a person or event of historic significance related to the property. (Bylaws 6-8-2004 A.T.M. Art. 46)
Home Occupation - A business or profession engaged in within a dwelling by a resident thereof as a use accessory thereto.
Hours of Operation - The actual hours when a building is open for business, and not more than one hour prior to opening or following closing. (Bylaws 6-8-2004 A.T.M. Art. 46)
Illuminated Sign - A sign characterized by the use of artificial light, either projecting through its surface(s) [Internally illuminated]; or reflecting off its surface(s) [Externally illuminated]. (Bylaws 6-8-2004 A.T.M.)
Impervious Surface - Material on the ground that does not allow surface water to penetrate into the soil. (Bylaws of 4-5-86, Art. 5l,Sec. 23)
Inflatable Sign - A balloon or other gas-filled figure. (Bylaws 6-8-2004 A.T.M. Art. 46)
Interior Sign - Any sign placed within a building, but not including Window Signs as defined by this bylaw. Interior Signs, with the exception of Window Signs as defined, are not regulated by this Chapter. (Bylaws 6-8-2004 A.T.M. Art. 46)
Junkyard - The use of any area of any lot, outside a building, for the storage, keeping or abandonment of junk, or scrap or discarded materials, or the dismantling, demolition or abandonment of automobile(s) or other vehicle(s) or machinery or parts thereof. To include a recycling facility. (Bylaws of 4-3-76, Art. 55)
Kennel - One pack or collection of dogs on a single premises whether maintained for breeding, boarding, sale, training, hunting or other purposes and including any shop where dogs are on sale, and also including every pack or collection of more than three dogs, six months old or over owned or kept by a person on a single premises irrespective of the purpose for which they are maintained. (Bylaws of 5-4-99,Art. 60)
placeLot - A continuous parcel of land with legally definable boundaries.
Lot Area - The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. At least ninety percent (90%) of the lot area required for zoning compliance shall be land other than that under water nine (9) months or more in a normal year, other than any resource area as specified in Chapter 131, Section 40, M.G.L., parts 1 and 3 with revisions thereto, including all marshes, swamps, bogs or wetland areas, and other than land within utility transmission easements. (Bylaws of 6-6-89, Art. 72, s. 3; Bylaws of 5-3-94, Art. 45)
placeLot Coverage- . Percentage of total lot area covered by structures or roofed.
Lot Frontage - The continuous linear extent of a lot measured along the street right-of-way from the intersection of one side lot line to the intersection of the other side lot line of the same lot, or in the case of corner lots, between one side lot line and the midpoint of the corner radius, buy not including frontage within utility or access roadway easements. When the lot is located on a cul-de-sac or curve with radius of 50 feet or less, the lot frontage may alternatively be measured at the required front setback line provided that 75% of the requirement can be met at the street right-of-way line.
Major Street - All state-numbered highways (Rtes 20, I-190, 122, 122A, and 146) Auburn Road, Carleton Road, Elm Street, Grafton Street, Greenwood Street, Howe Avenue, Martin Street, Millbury Avenue, McCracken Road east of Greenwood, North Main Street, Stone Road, Sutton Road, West Main Street, plus any street subsequently laid out with right-of-way width of sixty feet (60') or more.
Mansard - An inclined decorative roof-like projection that is attached to an exterior building facade. (Bylaws 6-8-2004 A.T.M. Art. 46)
Marquee - See Canopy (Attached) (Bylaws 6-8-2004 A.T.M. Art. 46)
Marquee Sign - See Canopy Sign (Bylaws 6-8-2004 A.T.M. Art. 46)
Menu Board - A freestanding sign orientated to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has no more than twenty percent (20%) of the total area for such sign utilized for business identification. (Bylaws 6-8-2004 A.T.M. Art. 46)
Mobile Home - A moveable or portable dwelling built on a chassis, designed for connection to utilities when in use, and designed without necessity of a permanent foundation for year-round living.
Monument Sign – A freestanding sign not more than six (6) feet in height, which is attached to the ground by means of a wide base of solid appearance. (Bylaws 6-8-2004 A.T.M. Art. 46)
Motor Vehicle Service Station - Premises devoted primarily to retail sales of fuels and lubricants and/or washing of motor vehicles, with any repair services or other sales or services of secondary importance.
Multiple-Faced Sign - A sign containing three (3) or more faces. (Bylaws 6-8-2004 A.T.M. Art. 46)
Municipal Off-street Parking Lot - Premises owned or operated by the Town of placeCityMillbury or any agency or authority thereof, improved and maintained on a permanent basis, intended to serve parking needs of the general vicinity, as opposed to serving a single facility. (Bylaws of 4-2-77, Art. 67, s. 3)
Off-Premise Sign - A permanent or temporary sign (including the structure to which it is attached) erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property upon which it is displayed. (Bylaws 6-8-2004 A.T.M. Art. 46)
On-Premise Sign - A sign (and the structure to which it is attached) erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed. (Bylaws 6-8-2004 A.T.M. Art. 46)
Outdoor Advertising Sign -. A permanent or temporary sign and its supporting structure erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages. (Bylaws 6-8-2004 A.T.M. Art. 46)
Parapet - The extension of a building facade above the line of the structural roof. (Bylaws 6-8-2004 A.T.M. Art. 46)
Parking Space - Space adequate to park an automobile, not less than nine by twenty feet (9' x 20'), plus means of access. Where spaces are not marked, each space shall be assumed to require three hundred-fifty square feet (350 sf). In off-street parking lots, parking spaces may be reduced to nine by eighteen feet (9' x 18'). (Bylaws of 5-3-94, Art. 46)
Pole Sign - See Freestanding Sign. (Bylaws 6-8-2004 A.T.M. Art. 46)
Political Sign - A temporary sign intended to advance a political statement, cause, or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a political sign. (Bylaws 6-8-2004 A.T.M. Art. 46)
Portable Sign - Any sign not permanently attached to the ground or to a building or building surface. (Bylaws 6-8-2004 A.T.M. Art. 46)
Projecting Sign - A sign other than a Wall Sign that is attached to or projects more than eighteen (18) inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign. (Bylaws 6-8-2004 A.T.M. Art. 46)
Real Estate Sign - A temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located. (Bylaws 6-8-2004 A.T.M. Art. 46)
Recharge Area - Areas composed of permeable, porous materials that allow significant infiltration and collection of precipitation or surface water and thereby transmit this water to aquifers. (Bylaws of 4-5-86, Art. 51, s. 23)
Residential Social Service Facility - A dwelling where care and supervision licensed, contracted, or supervised by a federal or state agency, is provided to individuals who are handicapped, aged, disabled, or undergoing rehabilitation. Includes half-way houses, but not nursing homes or foster homes. (Bylaws of 5-27-75, Art. 83 (1)).
Revolving Sign - A sign that revolves three hundred and sixty degrees (360) about an axis. See also: Animated Sign, Mechanically Activated. (Bylaws 6-8-2004 A.T.M. Art. 46)
Roof Line - The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet. (Bylaws 6-8-2004 A.T.M. Art. 46)
Roof Sign - A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs. (Bylaws 6-8-2004 A.T.M. Art. 46)
Sign - Any device visible from a public place which displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. A sign also includes the structure to which the message is attached. (Bylaws 6-8-2004 A.T.M. Art. 46)
Sign Area - The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as fifty percent (50%) of the sum of the area of all faces of the sign. In the case of back-lit or internally illuminated signs or awnings, the sign area shall consist of the entire illuminated area. (Bylaws 6-8-2004 Art. 46)
Sign Copy - Those letters, numerals, figures, symbols, logos, and graphic elements comprising the content or message of a sign, exclusive of numerals identifying street address only. (Bylaws 6-8-2004 Art. 46)
Sign Face - The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of building or sign structures, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.
1) In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
2) In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface which is routed, except where interrupted by a reveal, border, or a contrasting surface or color.
3) In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall compromise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
4) In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border (Bylaws 6-8-2004 A.T.M. Art. 46
Sign Height – The height of a sign as measured from the ground to the highest point of the sign structure. For a sign placed on sloping or uneven terrain, the height of the sign shall be measured by determining the average ground elevation directly beneath the sign, and using that average elevation as the ground level. (Bylaws 6-8-2004 A.T.M. Art. 46)
Sign Structure - Any structure supporting a sign. (Bylaws 6-8-2004 A.T.M. Art. 46)
Street - A way providing legally sufficient frontage for subdivision of land under the requirements of Chapter 4l, Section 8lL, General Laws.
Structure - Anything constructed or erected, the use of which requires fixed location on the ground, or attachment to something located on the ground, including swimming pools having capacity of four thousand (4,000) gallons or more and mobile homes, but not including walls or fences.
Temporary Sign - A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs. Banners, balloons, and pennants are temporary signs, regardless of the manner by which they are affixed to a building or to the ground.
(Bylaws 6-8-2004 A.T.M. Art. 46)
Temporary Structure or Use - A portable or demountable structure or a use or occupancy of land, in either case to be removed or discontinued within twelve (l2) months.
Under Canopy Sign or Under Marquee Sign - A sign attached to the underside of a canopy or marquee. (Bylaws 6-8-2004 A.T.M. Art. 46)
V Sign - Signs containing two faces of approximately equal size, erected upon common or separate structures, positioned in a "V" shape. (Bylaws 6-8-2004 A.T.M. Art. 46)
Wall Bulletin – A sign painted directly upon the surface of a wall. (Bylaws 6-8-2004 Art. 46)
Wall or Fascia Sign - A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen (18) inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. For visual reference and comparison examples of differences between wall or fascia signs and roof signs, see Section 3. (Bylaws 6-8-2004 Art. 46)
Wayfinding Sign – A sign or series of signs located in a manner that provides orientation and direction to a destination or destinations within a specific geographic area. (Bylaws 6-8-2004 A.T.M. Art. 46)
Window Sign - A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property. (Bylaws 6-8-2004 A.T.M. Art. 46)
Yard - A required open space, unoccupied and unobstructed by any structure or portion of a structure, except the following:
a) fences, walls, poles, posts and other customary yard accessories, ornaments, and furniture;
b) in front yards only, eaves, steps, and noncovered porches.
Yard Front - A yard extending between lot side lines across the front of a lot adjacent to each street the lot adjoins.
Yard, Side or Rear - A yard other than a front yard.
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